Barry D. Bernstein of Semmes, Bowen & Semmes. Courtesy photo Marijuana Is Legal in Your State, Do the Employer and Insurer Have to Pay for It?
With no clear direction and with medical marijuana being a reasonable and necessary treatment, the states have to decide for themselves.
October 06, 2022 at 09:50 AM
6 minute read
Insurance
Many injured employees believe that because marijuana is legal in their state, it means that the employer and insurer will have to pay for it. This is not correct. The Controlled Substance Act is a federal law that prohibits the use of marijuana as a scheduled I controlled substance. Therefore, the question that needs to be decided is whether the federal law that prohibits the sale of marijuana preempts the state law that requires an employer to provide an injured employee with medical treatment. Does the Workers' Compensation Commission have the jurisdiction to even decide this issue? This article will discuss how various jurisdictions have dealt with these issues and to provide the reader with the information necessary to handle these cases in their jurisdiction.
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